TERMS OF SERVICE

We welcome you to Battle of the Leaderboards. By using, registering for, or accessing the Battle of the Leaderboards website or any of the associated mobile or web applications (collectively, the “Application”), you agree to be legally bound by this Terms of Service Agreement (the “Agreement”). This Agreement is a binding contract between you and GATBE, LLC d/b/a Dogged Stag Hunt (“we,” “our” or the “Company”).

We may revise or replace the Agreement at any time. Your continued use of the Application following notification of any changes to this Agreement shall constitute acceptance of the revised Agreement.

Use of the Application

(a) We grant you a limited, non-exclusive, non-transferable, non-sublicensable, terminable license to access and utilize the Application for its intended purposes. In order to activate your license, you must register for a personal user account with the Application (an “Account”). You may not share your Account with any other person. Your license and your Account may be terminated at any time (with or without notice) by the Company for any reason.

(b) If you register for an Account, you agree that:

You are at least 18 years of age, or between 13 and 17 years of age with parental consent to use the Application, provided that in such case your parent agrees to be bound by this Agreement as if they were you;

All information you submit to the Company or post to the Application will at all times be truthful, accurate, and complete and you will update it as needed;

You will not use the Application in any way that is illegal, unlawful, offensive, harassing, or derogatory;

You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks or patents;

You will not disrupt, or attempt to disrupt, the Application’s security, connectivity, data, or accessibility; and

You will not make any fraudulent purchases using the Application.

(c) The specific game rules, scoring rules, controls and guidelines for each game within the Application (collectively, “Game Rules”) can be found within the game itself. Such Game Rules form part of these terms and you agree that you shall comply with them in respect of each individual game which you choose to access and/or play and within the Application. These Game rules are subject to change at any time, with or without notice.

(d) We reserve the right to modify or discontinue the Application, or any of its features, at any time (with or without notice) and without any liability to you. We reserve the right to terminate your Account at any time and for any reason, with or without notice.

Intellectual Property and Virtual Goods

(a) We own or have licensed all of the content that appears in the Application (collectively, the “Intellectual Property”). Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including (but not limited to) the Virtual Goods (as defined below).

(b) Virtual Goods may not be removed from the Application and may be lost if the respective game is modified or discontinued or if your Account is terminated.

In-App Purchases

(a) The Application may allow you to purchase virtual in-game items and tools which may enhance your ability to play the games found within the Application (collectively, the “Virtual Goods”). The Virtual Goods are not physical goods and are only represented electronically in the Application. You may not transfer Virtual Goods except when and as expressly permitted by the Company.

(b) We may revise the pricing for Virtual Goods offered through the Application at any time. We may limit the total amount of Virtual Goods that may be purchased at any one time, and/or limit the total amount of Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Goods from us or our authorized partners through the Application, and not in any other way.

(c) We reserve the right to add, remove, and modify Virtual Goods at any time, with or without notice. We will have no liability to you related to any change or elimination of Virtual Goods, even if you have already purchased them.

(d) You agree to pay the purchase price listed for any Virtual Good and hereby expressly authorize the Company to charge your credit card or other payment method for any Virtual Good you purchase. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Application. By following the steps within the Application to purchase a Virtual Good, you agree that you are entering into a binding agreement to complete the purchase and pay the purchase price.

(e) We may provide rewards in the form of in-game currency that can be redeemed for e-gift cards or other rewards, if and when described within the Application (each a “Reward”). Rewards may be earned for various in-Application activities, as specifically described within the Application or the Game Rules from time-to-time. The Company will determine Reward distributions in its complete and final discretion. Rewards are administered by third parties and you agree to be bound by any terms required by such third parties in order to receive the Rewards. Under no circumstance will we be responsible for your inability to use any Rewards.

(f) ALL SALES OF VIRTUAL GOODS AND REWARDS ARE FINAL. UNDER NO CIRCUMSTANCE WILL THE COMPANY PROVIDE A REFUND OR CREDIT FOR ANY REASON.

User Conduct and Content

(a) You must comply with the laws that apply to you in the location that you access our Applications from. If any laws applicable to you restrict or prohibit you from using our Application, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Application.

(b) You may submit text, graphics, photos, videos, and other content (collectively, “User Content”) when using the Application, including by playing games or communicating with other users. You agree not to submit any User Content which is offensive, defamatory, illegal, or in violation of any other person’s lawful rights.

(c) We reserve the right to delete or modify User Content at any time. Your User Content may not be recoverable.

(d) You understand and agree that if you delete your Account or User Content, or if we delete your Account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Application and/or the level or score you have reached in our games and any Virtual Goods associated with your account).

(e) By submitting User Content through the Application, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable, and fully transferable license to use, share, and otherwise distribute, and make derivatives of, the User Content for any purpose related to our business or our anticipated business. This license shall continue indefinitely after termination of your Account.

(f) You agree that you will not:

threaten, defame, or harass other users or otherwise create a hostile environment within the Application.

use our Application for fraudulent or abusive purposes (including, without limitation, by using our Application to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Company);

disguise, anonymize or hide your IP address;

use our Application for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;

remove or amend any proprietary notices or other ownership information from our games or any other part of our Application;

interfere with or disrupt our Application or servers or networks that provide our Application;

attempt to decompile, reverse engineer, disassemble or hack the Application, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

“harvest,” “scrape” or collect any information about or regarding other people that use our Application, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (“gifs”) or similar items that are sometimes also referred to as ‘spyware’ or “pcms” (passive collection mechanisms);

sell, transfer or try to sell or transfer an account with us or any part of an account or Virtual Goods;

disrupt the normal flow of a game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Application or engaging in real time exchanges;

disobey any requirements or regulations of any network connected to our Application;

use our Application in violation of any applicable law or regulation;

use our Application to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Application, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or

use our Application in any other way not permitted by these terms.

(g) We will report any behavior suspected of being illegal to the appropriate law enforcement agencies.

Interaction with Other Users

(a) Our Application allows you to play socially with other users. You may be ranked within a leaderboard (the “Leaderboard”or “Leaderboards”) against other players within a game or within the entire Application. We will decide Leaderboard status and rankings in our complete and final discretion. Leaderboard standing and ranking metrics are subject to change at any time, with or without notice.

(b) Our Applications may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially within a leaderboard. We may also display the display names of members of leaderboards you have created so that you can easily find them to play against.

(c) By accessing and/or playing our Application you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users in Leaderboards within the Application. You also understand and agree that other users may find you by searching for you with your email address or username. Please note that we will only show your display name publically, and not your email address; another user must already know your email address themselves in order to search for you.

(d) You are solely responsible for your interactions with other users of the Application. We aim to provide a safe and enjoyable gaming community and reserve the right, but are not required to, moderate user interactions.

LIMITATION OF WARRANTIES AND DAMAGES

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED ON “AS-IS,” “WHERE-IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS, DEVELOPERS AND LICENSORS) MAKE NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE TO YOU ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, TRUTHFUL, RELIABLE, OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL CODE.

(b) THE APPLICATION MAY NOT BE ERROR FREE OR AVAILABLE AT ALL TIMES.

(c) IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR POSSESSION OR USE OF THE APPLICATION, MALFUNCTION OF THE APPLICATION OR ANY OF OUR GAMES, COMPUTER MALFUNCTION, YOUR RELIANCE ON INFORMATION FOUND ON THE APPLICATION, OR YOUR INTERACTION WITH ANY USER ON THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) TO USE VIRTUAL GOODS UP TO A MAXIMUM OF THREE HUNDRED U.S. DOLLARS ($300.00 USD).

Links/APIs

We may use links and APIs to access third party websites or services from our Application. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

Terms Specific to Apple Devices

(a) By accessing the Application on any Apple, Inc. (“Apple”) device, the following additional terms shall apply:

This agreement is made solely between you and the Company, and not with Apple. Apple is not responsible for the Application and that Apple has no responsibility to furnish maintenance or support for the Application;

The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Application for your private, personal, non-commercial use, subject to all the terms and conditions of the Agreement as they are applicable to the Application;

You will not use the Application on any Apple device that you do not own or control;

In the event of any failure of the Application to conform to any applicable warranty, Apple’s sole warranty obligation to you will be to refund to you the purchase price (if any) of the Application;

You acknowledge and agree that the Company, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;

You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

Both you and the we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement, and that upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as the third party beneficiary hereof.

Dispute Resolution

(a) If you have any concerns or queries regarding our services, you agree to first attempt to resolve it informally through our customer support portal at [mailto:adminsupport@battleoftheleaderboards.com]. We find that most concerns can be quickly addressed in this manner. You and we shall use our best efforts to settle any dispute, claim, question, or disagreement directly through this informal process which shall be a precondition to either party initiating a lawsuit or arbitration.

(b) If the parties do not reach a mutually agreed solution within a period of 60 days from the time of initiation of the process described in Section 9(a) of this Agreement, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement or the Privacy Policy (including, without limitation, interpretation, formation, performance and breach), the parties’ relationship with each other and/or your use of any of the Games or the Application shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement or the Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

(c) Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, GROUP OR REPRESENTATIVE PROCEEDING (WHETHER IN ARBITRATION, COURT, OR OTHERWISE). If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(d) Notwithstanding anything to the contrary contained in this Agreement, either party may bring an action in state or federal court to assert claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation.

Additional Terms

(a) This Agreement shall be governed and construed in accordance with the laws of the State of Arkansas and the United States. Any dispute arising from, or related to, your use of the Application shall be brought exclusively in the state or federal courts located in the State of Arkansas.

(b) Should a court of competent jurisdiction determine that any portion of this Agreement is invalid, the remainder of this Agreement shall be enforced to the maximum extent possible.

(c) Under no circumstance shall you assign this Agreement. We may assign this Agreement pursuant to a sale or reorganization of the Company or its assets.

(d) This Agreement represents the full, final and complete understanding of the parties as it relates to the subject matter hereof. This Agreement may only be modified as provided for herein.

(e) By using the Application, you agree to receive certain notices electronically. Your receipt of these notices via email or within the Application shall be considered effective and binding.

(f) You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.